Defenders Magazine

Fall 2003

Profiles of Progress

Three Decades of the Endangered Species Act.

Where would we be as a nation without bald eagles soaring over the Chesapeake Bay, wolves howling from the backcountry of Yellowstone or gray whales breaching from Pacific waters? That question is worth pondering as we approach the 30th anniversary of the legislation that helped make these things possible: the Endangered Species Act. Passed nearly unanimously by Congress and signed into law by President Richard Nixon on December 28, 1973 , the act’s goals were ambitious and unprecedented—to protect not only imperiled plants and animals, but the ecosystems on which they depend. In the three decades since then, eagles, wolves, whales and many other creatures have returned from the brink of extinction, and the act has become a model for conservation legislation worldwide. Yet it is easy to forget that impressive legacy, particularly at a time when the act is under attack by political and economic interests that would gut it under the guise of “reform." So, on the following pages, we provide some reminders of the rich natural heritage we could have lost without the foresight of lawmakers three decades ago.

Defending the Endangered Species Act

The landmark legislation that protects rare species currently faces three major threats. First, the Bush administration continues to allow its corporate political supporters-the chemical, mining and timber industries, and real estate developers - the ability to "self-regulate" under the Endangered Species Act. Second, the administration and Congress have choked off federal funding for endangered species listing and critical habitat protection, so that animals and plants in need do not receive necessary protections. Third, the Justice Department under Attorney General John Ashcroft (and spurred by Interior secretary Gale Norton, who once argued the Endangered Species Act is unconstitutional), fails to defend the act in court and encourages sweetheart settlements when industry lawsuits are filed to weaken science-based protections under the act.

Grey Wolf

Shot, trapped, poisoned and otherwise persecuted for decades, gray wolves by 1973 occupied less than 1 percent of their former territory in the 48 contiguous states and numbered only in the few hundreds. Today, under the aegis of the Endangered Species Act, wolves once again prowl the wilds of Yellowstone and are spreading in the upper Midwest , northern Rockies and Southwest. While these crucial predators still have far to go to reclaim their rightful place in the American landscape, their total population in the contiguous United States is now estimated at more than 3,500.

Gray Whale

By the time whaling nations declared a moratorium on hunting in 1947, there were only a few hundred of these barnacle-covered marine giants left plying the coastal waters between Alaska and Mexico . Their numbers began increasing slowly along the west coast of North America under the protection of the whaling moratorium and the Endangered Species Act, and by 1994 had grown so dramatically that they were removed from the endangered list. Today, the North American population is about 21,000, but gray whales in Asia are still in jeopardy.

Sea Otter

Denizens of coastal waters in the Pacific, sea otters were pursued for centuries for their thick, soft pelts. The population off the California coast was nearly wiped out by the fur trade; fewer than 50 southern sea otters remained there by World War I. After hunting was banned their numbers began to increase slowly, but by the early 1970s there were only about 1,600 off the West Coast. Added to the threatened list in 1977, the southern sea otter population has since increased to about 2,000—a favorable trend, but far from the original population of 16,000 or more.

Grizzly Bear

Powerful and fearless, the grizzly once ruled the western half of the country, numbering 50,000 or more during the journey of Lewis and Clark two centuries ago. But as settlers moved west, they pushed these bears off much of their range and killed them mercilessly. By the time grizzlies were listed as threatened in 1975, fewer than 1,000 of them still inhabited the lower 48 states, occupying less than 2 percent of their original range. Today, their population is estimated at 1,200 to 1,400 and the great bears are moving back into former habitat in Washington , Montana and Idaho .

Bald Eagle

The embodiment of strength and freedom, the bald eagle is our nation’s emblem. Yet by the early 1960s, author Rachel Carson warned that we might need to choose another symbol, as the species was in danger of disappearing from much of the country. When the Endangered Species Act was passed, there were fewer than 800 pairs of bald eagles nesting outside Alaska . A ban on the pesticide DDT and the protections afforded by the act set the stage for a comeback befitting this majestic bird. Today, about 7,000 pairs of eagles are found in the 48 states—one of the most dramatic success stories in the act’s history.

Karner Blue Butterfly

With a wingspan of only an inch and a lifespan of about a month, Karner blues are easy to overlook. But these colorful creatures were once common in pine barrens and oak savannas from New Hampshire to Minnesota . As these habitats were paved or plowed, however, the butterflies disappeared. By the time the species was listed as endangered in 1992, its population had declined by 99 percent. The listing spurred efforts to protect and restore habitat and to breed and reintroduce the species. One such effort bore fruit in 1999, when Ohioans saw their first wild Karner in more than a decade—an event that may not have occurred without the Endangered Species Act.